The Elements of Fleeding and Eluding Are:
Florida law provides for several versions of fleeing to elude a law enforcement officer under Florida Statutes Section 316.1935 including Florida Statute Section 316.1935(1) and 316.1935(2) for fleeing to elude a law enforcement officer. Although Florida law in the past provided for a misdemeanor version of fleeing and eluding, now any charge for fleeding and eluding is a felony offense. To establish a Seminole County fleeing and eluding case the prosecutor must prove that the driver was:
- operating a motor vehicle;
- having knowledge that he has been ordered to stop the vehicle by a duly authorized law enforcement officer;
- willfully refusing or failing to stop the vehicle in compliance with such order or having stopped in knowing compliance with such order, willfully to flee in an attempt to elude the officer.
- If serious injury or death occurs as a result of fleeing and eluding the penalties can dramatically increase. Fleeing and Attempting to Elude Penalties
Fleeing and Attempting to Elude Penalties
The Florida crime of fleeing and attempting to elude a law enforcement officer is a third degree felony punishable by a $5,000.00 fine and Five (5) years in Florida State Prison.
Aggravated Fleeing and Attempting to Elude Penalties
Florida Statute Section 316.1935(3)(a), for fleeing to elude a law enforcement officer while siren and lights activated with high speed or reckless driving provides for an enhanced charge if the defendant drives at a high rate of speed, or with a wanton disregard for the safety of persons or property.
The penalty for the aggravated version of the offense is enhanced to a second degree felony which is punishable by fifteen (15) years in Florida State Prison.
Aggravated Fleeing and Attempting to Elude with Serious Bodily Injury or Death Penalties
Florida Statute Section 316.1935(4)(b), for Aggravated Fleeing or Eluding by leaving a crash involving injury or death then causing serious bodily injury or death is enhanced even further. Under this charge the prosecutor must prove that the driver, while driving at a high rate of speed or with a wanton disregard for the safety of person or property causes serious bodily injury or death of another. This offense is a first degree felony punishable by thirty (30) years in Florida State Prison with a three (3) year minimum mandatory prison sentence.